[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 1217.]

CITY OF MAYFIELD HEIGHTS, APPELLEE, v. SNAPPY CAR RENTAL, INC. ET AL., APPELLANTS.

DAVIS DEVELOPMENT GROUP, INC., ET AL., APPELLANTS, V. CITY OF MAYFIELD HEIGHTS, APPELLEE. [Cite as Mayfield Hts. v. Snappy Car Rental, Inc., 1996-Ohio-331.]

Appeal dismissed as improvidently allowed. (No. 95-2093—Submitted October 16, 1996—Decided December 11, 1996.)

APPEAL from the Court of Appeals for Cuyahoga County, Nos. 68097 and 68098. __________________ Kitchen, Deery & Barnhouse Co., L.P.A., Vincent A. Feudo and William F.

Schmitz, for appellee.

Hermann, Cahn & Schneider, Kent B. Schneider and Thomas P. Marotta, for appellant Snappy Car Rental, Inc. Benesch, Friedlander, Coplan & Aronoff, P.L.L., and Edward Kancler, for appellants Davis Development Group, Inc. and Lander Haven Country Club Estates, Ltd. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur. __________________